1.

The following are the persons incapacitated to give consent, except:

a. Minors
b. Persons under lucid interval
c. Demented persons
d. Deaf-muted who do not know how to write
2. A brief period during an insane person regains sanity sufficient to have the legal capacity to contract
and act on his or her own behalf.
a. Insanity
b. Dementia
c. Lucid interval
d. incapacity
3. Any property or right not in existence or capable of determination at the time of the contract, that a
person may in the future acquire by succession.
a. Present inheritance
b. Future inheritance
c. Legitime
d. None of the above
4. When a person takes improper advantage of his power over the will of another, depriving the latter
of a reasonable freedom of choice.
a. Undue influence
b. Fraud
c. Intimidation
d. Violence
5. Is any means employed upon a party which, under the circumstances, he could not well resist and
which controlled his volition and induced him to give his consent to the contract, which otherwise
he would not have entered into.
a. Undue influence
b. Fraud
c. Intimidation
d. Violence
6. Which is not an exception in the rule “lesion or inadequacy of cause shall not invalidate a contract”
a. In cases specified by law
b. When there has been fraud
c. When there has been mistake
d. When there has been violence
7. Elements without which there cannot be a contract.
a. Essential elements
b. Natural elements
c. Accidental elements
d. All of the above
8. When one of the contracting parties is compelled by a reasonable and well-grounded fear of an
imminent and grave evil upon his person or property, or upon the person or property of his spouse,
descendants or ascendants, to give his consent.
a. Undue influence
 b. Illegal threat
c. Intimidation
d. Violence
9. There is a colorable contract but it has no substance as the parties have no intention to be bound by
it.
a. Relative simulation
b. Absolute simulation
c. Real contract
d. Personal contract
10. An imperfect promise which is merely an offer.
a. Consent
b. Policitacion
c. Acceptance
d. Option
11. These elements are those without which there can be no contract.
a. Inherent elements
b. Essential elements
c. Natural elements
d. Accidental elements
12. X, a former government employee, suffered from severe paranoia and was confined in the mental
hospital in 2001. After his release, he was placed under the guardianship of his wife to enable him to
get his retirement pay. In 2004, he became a mining prospector and sold mining claims. In 2007, he
sued to annual the sale claiming that he was not mentally capacitated at the time of sale. The sale in
question was:
a. Illegal
b. Valid
c. Voidable
d. Legal
13. This refers to a qualified acceptance.
a. Consent
b. Policitacion
c. Counter-offer
d. Option
14. It is the why of the contract or the essential reason which moves the contracting parties to enter
into the contract
a. Instrument
b. Consent
c. Object
d. Cause
15. Are those which are derived from the nature of the nature of the contract and ordinarily accompany
the same.
a. Inherent elements
b. Essential elements
c. Natural elements
 d. Accidental elements
16. X offered to sell his house to Y for P100,000. Y asks him of he would accept P80,000. Which of the
following is correct?
a. Because of ambiguity, both offers are terminated by operation of law.
b. Y’s response is a counter-offer effectively terminating the P100,000 offer and instigating an offer
of P80,000.
c. Y’s response is a rejection of the P100,000 offer, and there is no offer of P80,000 because it is
too definite to be an offer
d. Y’s response is a mere inquiry, the P100,000 offer by X is still there.
17. Is a unilateral proposition made by one party to another for the celebration of a contract
a. Acceptance
b. Perfection
c. Consent
d. Offer
18. A person binds himself to render some service or to do something in representation or on behalf of
another, with the consent or authority of the latter.
a. Contract of agency
b. Contract of partnership
c. Contract of pledge
d. Contract of mortgage
19. A “misunderstanding of the meaning or implication of something” or “ a wrong action or statement
proceeding from a faulty judgment.
a. Mistake
b. Fraud
c. Illegal Intimidation
d. Violence
20. Are those which exist only when the parties expressly provide for them for the purpose of limiting or
modifying the normal effects of the contract
a. Accidental elements
b. Inherent elements
c. Natural elements
d. Essential elements
21. That which is not serious in character and without which the other party would have entered into
the contrary anyway.
a. Fraud
b. Casual fraud
c. Incidental fraud
d. Malice
22. Is manifested by the meeting of the offer and the acceptance upon the thing and the cause which
are to constitute the contract.
a. Offer
b. Acceptance
c. Perfection
d. Consent
23. These contracts are existent, valid and binding although they can be annulled because of want of
capacity or vitiated consent of one of the parties, but before annulment, they are effective and
obligatory between parties.
a. Rescissible
b. Voidable
c. Unenforceable
d. Void
24. One of the following are circumstances to be considered in case of undue influence:
a. The confidential, family, spiritual, and other relations between the parties
b. The fact that the person alleged to have been unduly influenced was suffering from mental
weakness.
c. The fact that the person alleged to have been unduly influenced was ignorant
d. All of the above
25. When the contract lacks one of the essential elements, the contract is
a. Voidable
b. Rescissible
c. Void
d. All of the above
26. A deception used by one party prior to or simultaneous with the contract, in order to secure the
consent of the other. Needless to say, the deceit employed must be serious.
a. Fraud
b. Casual fraud
c. Incidental fraud
d. Malice
27. Is a contract granting a privilege to buy or sell at a determined price within an agreed time.
a. Earnest contract
b. Option contract
c. Perfected contract
d. Aleatory contract
28. The following are the requisites of casual fraud, except:
a. It must have been employed by one contracting party upon the other.
b. It must have induced the other party to enter into the contract.
c. It must not be serious.
d. It must have resulted in damage and injury to the other party seeking annulment
29. The characteristics of consent are the following, except:
a. It should be intelligent
b. It should be free
c. It should be spontaneous
d. It should be honest
30. Consent is manifested by the meeting of the offer and the acceptance upon the thing and the cause
which are to constitute the contract. Which of the following constitute an offer?
a. An offer made thru an agent
b. Business advertisement of things for sale
c. Advertisement for bidders
 d. Answer not given
31. The following are the elements to consider in determining the degree of intimidation, except:
a. Age of the person
b. The education of the person
c. Sex of the person
d. Condition of the person
32. The requisites of intimidation are the following, except:
a. That the intimidation must be the determining cause of the contract
b. That the threatened act be just
c. That the threat be real and serious
d. That it produces a reasonable and well-grounded fear from the fact that the person which it
comes has the necessary means or ability to inflict the threatened injury.
33. If parties state a false cause in the contract to conceal their real agreement.
a. Absolute simulation
b. Relative simulation
c. Real contract
d. Personal contract
34. There is no contract unless the following requisites concur, except:
a. Consent
b. Object certain
c. Cause
d. Written agreement
35. The following are the so-called vices of consent, except:
a. Mistake
b. Fraud
c. Intimidation
d. Legal Violence